TORONTO - Three Toronto Police officers were freed Thursday on bail only hours after being charged with gang sexual assault and sexual assault for an incident last month in a downtown hotel.
Joshua Cabero, Leslie Nyznik and Sameer Kara were swiftly freed on $15,000 bail with strict restrictions barring them from drinking, attending 51 Division where they work, communicating in any way with 20 potential witnesses, as well as the alleged victim, a parking enforcement officer whose identity is covered by a publication ban.
The accused are also banned from attending three downtown bars, including The Brass Rail and are also prohibited from possessing weapons.
Asked why it took 33 days for charges to be laid, Toronto Police Chief Bill Blair said time was needed to do things properly.
“The investigation needed to be conducted, it was conducted and those charges are laid and that matter is now before the courts and I won’t be commenting on it,” Blair told reporters at Toronto Police headquarters on Thursday.
He refused to say when the service became aware of the issue but maintained the investigation was handled properly.
“We consulted with the Special Investigations Unit, the matter was conducted by my professional standards unit in consultation with our sex crimes unit,” Blair said. “It was done, in my opinion, quite appropriately. The matter is now before the courts and we’ll present the evidence in the courts as is appropriate.”
All victims of such crimes, it was taken very seriously and certain it is a matter of very significant concern to him, Blair said.
“We are taking the steps necessary to ensure that the matter is being dealt with appropriately and that the appropriate support is provided to this victim and the victim of all sex crimes,” he said.
Mayor John Tory — a member of the police services board — called the allegations disturbing.
“I really can’t say much more than that other than to say we have a process both in the criminal justice system and also systems inside the police community where these things are dealt with and those processes are now underway and I guess we all await the result,” Tory said on Thursday at City Hall. “These things are always disturbing whether they involve officers or not.”
Asked if he thinks there should be changes so officers can be suspended without pay, Tory said the rules have been in place for a long time.
“I think they are based on a fundamental presumption that we have in our society that you are innocent until you’re proven guilty,” Tory said.
Nyznik was one of the officers involved in the cover-up of the beating of chef Raymond Costain, whose seven drunk driving-related charges were stayed in March 2013 due to “excessive force” and “misconduct” by police.
Justice Ford Clements said the beating by Const. Christian Dobbs and then the “misguided and clumsy attempt to cover (it) up” left no other remedy but to show the court will not condone such unacceptable conduct.
Clements called Nyznik’s changing testimony “incredulous.”
Costain’s lawyer Leora Shemesh said she doesn’t see parallels between the two cases but says she is “offended by the special treatment the officers were afforded in this alleged gang rape case.”
The Crown did not contest the bail of the three officers Thursday and consented to their release with the strict conditions.
“The three are presumed innocent of these horrendous allegations, as all accused are, but most accused gang rapists don’t receive consent bails,” said Shemesh. “Imagine if all people received as thorough an investigation as these officers received — there might be fewer people charged. Everyone should receive the same fair treatment.”
But Toronto Police Association president Mike McCormack said the officers didn’t receive preferential treatment and investigators should be commended for conducting a “thorough investigation before laying charges.
“They aren’t treated differently or more leniently because of their position as police officers,” McCormack said.
The accused officers — who are now suspended with pay — will have to apply to have their legal bills paid by the association, which has “strict criteria,” he said.
Cabero, 28, Sameer, 31, and Nyznik, who turned 38 on Tuesday, will be back in Ontario Court of Justice on March 20.
None of the officers responded when approached by throngs of reporters after their quick court appearance.
— With files from Don Peat
3 Toronto cops charged in gang sex assault | Toronto & GTA | News | Toronto Sun
it's disturbing alright. 8O
Joshua Cabero, Leslie Nyznik and Sameer Kara were swiftly freed on $15,000 bail with strict restrictions barring them from drinking, attending 51 Division where they work, communicating in any way with 20 potential witnesses, as well as the alleged victim, a parking enforcement officer whose identity is covered by a publication ban.
The accused are also banned from attending three downtown bars, including The Brass Rail and are also prohibited from possessing weapons.
Asked why it took 33 days for charges to be laid, Toronto Police Chief Bill Blair said time was needed to do things properly.
“The investigation needed to be conducted, it was conducted and those charges are laid and that matter is now before the courts and I won’t be commenting on it,” Blair told reporters at Toronto Police headquarters on Thursday.
He refused to say when the service became aware of the issue but maintained the investigation was handled properly.
“We consulted with the Special Investigations Unit, the matter was conducted by my professional standards unit in consultation with our sex crimes unit,” Blair said. “It was done, in my opinion, quite appropriately. The matter is now before the courts and we’ll present the evidence in the courts as is appropriate.”
All victims of such crimes, it was taken very seriously and certain it is a matter of very significant concern to him, Blair said.
“We are taking the steps necessary to ensure that the matter is being dealt with appropriately and that the appropriate support is provided to this victim and the victim of all sex crimes,” he said.
Mayor John Tory — a member of the police services board — called the allegations disturbing.
“I really can’t say much more than that other than to say we have a process both in the criminal justice system and also systems inside the police community where these things are dealt with and those processes are now underway and I guess we all await the result,” Tory said on Thursday at City Hall. “These things are always disturbing whether they involve officers or not.”
Asked if he thinks there should be changes so officers can be suspended without pay, Tory said the rules have been in place for a long time.
“I think they are based on a fundamental presumption that we have in our society that you are innocent until you’re proven guilty,” Tory said.
Nyznik was one of the officers involved in the cover-up of the beating of chef Raymond Costain, whose seven drunk driving-related charges were stayed in March 2013 due to “excessive force” and “misconduct” by police.
Justice Ford Clements said the beating by Const. Christian Dobbs and then the “misguided and clumsy attempt to cover (it) up” left no other remedy but to show the court will not condone such unacceptable conduct.
Clements called Nyznik’s changing testimony “incredulous.”
Costain’s lawyer Leora Shemesh said she doesn’t see parallels between the two cases but says she is “offended by the special treatment the officers were afforded in this alleged gang rape case.”
The Crown did not contest the bail of the three officers Thursday and consented to their release with the strict conditions.
“The three are presumed innocent of these horrendous allegations, as all accused are, but most accused gang rapists don’t receive consent bails,” said Shemesh. “Imagine if all people received as thorough an investigation as these officers received — there might be fewer people charged. Everyone should receive the same fair treatment.”
But Toronto Police Association president Mike McCormack said the officers didn’t receive preferential treatment and investigators should be commended for conducting a “thorough investigation before laying charges.
“They aren’t treated differently or more leniently because of their position as police officers,” McCormack said.
The accused officers — who are now suspended with pay — will have to apply to have their legal bills paid by the association, which has “strict criteria,” he said.
Cabero, 28, Sameer, 31, and Nyznik, who turned 38 on Tuesday, will be back in Ontario Court of Justice on March 20.
None of the officers responded when approached by throngs of reporters after their quick court appearance.
— With files from Don Peat
3 Toronto cops charged in gang sex assault | Toronto & GTA | News | Toronto Sun
it's disturbing alright. 8O
